TERMS
& CONDITIONS
Welcome to the tuindustriamusical.com Web site provided by Music Industry Solutions, LLC.. The following terms and conditions and any other policies, rules, or guidelines posted by tuindustriamusical.com on this site govern your use of this site. IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. Please read these Terms and Conditions carefully before using this site or purchasing any of the products or using any of the services available on or through it. These Terms and Conditions may be changed in the future without notice to you so please check back from time to time. Your continued use of this site after such changes constitutes your acceptance of the new Terms and Conditions.
- Your Use of this Site
tuindustriamusical.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TuIndustriaMusical.Com This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of TuIndustriaMusical.Com. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TuIndustriaMusical.Com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of tuindustriamusical.comwithout express written consent. You may not use any meta tags or any other "hidden text" utilizing TuIndustriaMusical.Com's name or trademarks without the express written consent of TuIndustriaMusical.Com. Any unauthorized use terminates the permission or license granted by TuIndustriaMusical.Com You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of tuindustriamusical.com so long as the link does not portray tuindustriamusical.com or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any tuindustriamusical.com logo or other proprietary graphic or trademark as part of the link without express written permission.
- Proprietary
Rights
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software ("Content"), is the property of tuindustriamusical.comor our suppliers, sponsors, licensors or affiliates (collectively, "Business Partners"), and is protected by International copyright law, trademark law, and trade secret law. We own a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Content. Except as expressly provided in these Terms and Conditions, neither our Business Partners nor we grant any rights to you under any patents, copyrights, trademarks or trade secret information. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable to you. Under no circumstances will tuindustriamusical.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- Account Maintenance and Responsibility
If you wish to purchase any products or use the services on this Site, you must open an account with us and/or provide the required information to us. By entering any information on this Site, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account. tuindustriamusical.comcannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
- Termination
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this Site at any time without prior notice.
- Product Orders
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
- Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than or different of equal value or the quantity you ordered of any product or service.
- Restrictions
Not all products and services listed on this Site may be available for sale or delivery in every area. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
- You agree not to use the Site to:
a. Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable;
b. Impersonate any person or entity, including, but not limited to, an tuindustriamusical.comrepresentative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
d. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
i. Intentionally or unintentionally violate any applicable local, state, national or international law;
j. Collect or store personal data about other users.
You acknowledge that tuindustriamusical.com does not pre-screen User Content, but that tuindustriamusical.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Site. Without limiting the foregoing, tuindustriamusical.com and its designees shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
- Submissions
We welcome feedback, suggestions and ideas about this Site and our services and how to improve them. However, all User Content, feedback, suggestions, ideas, concepts, comments, illustrations, Site postings and other materials that you disclose or offer to us on or in connection with this Site ("Submissions") are submitted without any restrictions or expectation of confidentiality. You agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe. You further agree that we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on the Site or elsewhere. You shall not assert any proprietary right or moral right of any kind with respect to any Submissions.
- Advertisements
We, in our sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other transaction with advertisers found on this Site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.
- Links
We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and we accept no responsibility in connection therewith. Any linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data gathering practices, of each linked site.
- Intellectual Property Infringement Complaints
It is TuIndustriaMusical.Com's strict policy to respect the intellectual property rights of others. If you believe that your intellectual property has been infringed upon, please provide us with the following information:a. A description of the intellectual property that you claim has been infringed as well as an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
b. The location on the Site of the material that you claim is infringing;
c. Your address, telephone number, and email address;
d. A notarized statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.Send to:
Music Industry Solutions, LLC
Legal Dept.
One International Blvd.
Suite 400-4001
Mahwah, NJ 07495
- DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND ANY CONTENT AVAILABLE ON THIS SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. PRODUCT COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE, OR IN THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR OTHER CHARACTERISTICS ARE EXACTLY COMPARABLE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE.
WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
- LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification
You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys' fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you.
- Choice of Law; Venue
Any dispute or difference between the parties hereto shall be settled by arbitration that will be subject to / governed by The Arbitration & Conciliation Act, 1996 and all the provisions of that Act so far as applicable or of any act of legislature for the time being in force and passed any modification thereof or any substitution thereof shall apply to every reference hereunder. The Arbitrator shall be appointed or nominated by Music Industry Solutions. The language of the arbitration shall be English and the venue of arbitration shall be New York State. The Arbitrator shall have power to give interim directions and orders and also publish interim awards and award interests and costs. The courts in New York shall have exclusive jurisdiction in respect of any matter concerning arbitration of disputes under this agreement.
- Miscellaneous
These Terms and Conditions and any other policies, rules or guidelines posted by tuindustriamusical.com on this Site and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us. Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns.
Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein.
A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Returns Policy:
All our shipping and deliverance is done digitally and Ebooks are currently not being sent through any other delivery medium. Music Industry Solutions shouldn't be held liable for any damages to files during the delivery process etc. occurring due to events out of our control. Also any complaints regarding replacement due to file damage or defects will be attended only after we have reviewed the written complaint, and the file shall be replaced.
The songs are recorded on recordable CDs (CDRs) and hence may not play on some DVD players. In case you intend using the CDs bought on TuIndustriaMusical.Com on a DVD player, it is advisable to check with your DVD player manufacturer about CDR compatibility before placing an order. Returns related to this issue will not be accepted.
- Software & e-Book
Delivery Policy:
Due to the nature of intellectual property and the rights of the both the buyer and the seller,
Music Industry Solutions takes its Software Delivery Policy very seriously. Factors including crackers, stolen credit card numbers, redistribution of purchased software and other fraudulent transaction types have all been addressed by the developers of Music Industry Solutions and its partners.Process:
A buyer may visit Music Industry Solutions.com and opt to download a demonstration version of a specific developers software. This process is free and does not require the anonymous visitor to give a credit card number or any personal information for the demonstration version. If the visitor decides that they would like to buy a copy (or multiple copies) of a developer’s
software or e-Book at Music Industry Solutions.com, they would visit the site and click the ‘Buy Now!’ button.The buyer is then prompted with two options. First the buyer can purchase the software
instantly with a credit card. Secondly, the buyer could enter their Customer ID number and receive the software instantly. The second option would allow the buyer (Preferred Client) to receive a monthly bill and have payment terms of NET 30. In order to become a Preferred Client, please contact a representative at Music Industry Solutions. You will be required to make your initial purchase with a credit card.In most cases the buyer will enter a credit card number to make their purchase. When the
user selects this option they will be taken to a screen that prompts them for credit card
purchasing information. At the bottom of the form, the buyer is prompted to save the
information to speed the process of buying at Music Industry Solutions in the future. If the buyer decides to save their information, the buyer will only have to enter the credit card number next time they buy.After the form is filled out, the user submits their order. Within a matter of seconds a
response page will be displayed. This page will tell the buyer whether the transaction was
approved or declined. If the charge was declined, the buyer does not receive any email and
the transaction ends. If they like, they can click back in the browser and enter a different
card number.
If the transaction was approved, the buyer will receive a receipt via email from
the card processor. This receipt contains the amount that was charged to the card; Music Industry Solutions contact information; support contact information and other details about the transaction. The buyer does not have the option to download the software right away. This is because the transaction needs to be manually verified by a Music Industry Solutions representative.Once the transaction is verified using a proprietary methodology, an email is sent to the buyer with download instructions. This process can take up to 24 hours. Though it may get delayed due to unforeseen circumstances, which may not be under our control. The buyer has about 48 hours to download the software.
Once the ability to download the software is turned off by our systems, the buyer would have to reply with the receipt requesting a second download opportunity. All software purchased from Music Industry Solutions is available for the limited time period beginning with the time you receive your download instructions.
The software download is a direct download connection from the Music Industry Solutions website. This type of download prevents attachment issues that may occur with emailing the attached software to the buyer. The buyer is required to provide an password or pin number, which is listed on the download instructions.
- Pricing:
The price of each Software, e-Book or Service includes the sales tax as per federal and state regulations. Music Industry Solutions, LLC.is not responsible for Credit Card Companies charging anything extra for service charges etc. We would request you to check with your Credit Card company for details regarding International transactions.
- Contact Information
If you have any questions regarding this Site or any requests for additional information concerning TuIndustriaMusical.Com please send us an email at support@tuindustriamusical.com
